Employment Law Terms and Definitions

Accessible Easy to approach, enter, operate, participate in, or use safely, independently and with dignity by a person with a disability (i.e., site, facility, work environment, service or program). Racial Profiling Wrongful and hurtful judgments about an individual or group based solely on their ethnicity or color of their skin; actions based on racial prejudice. Undue Hardship With respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of certain factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Executive Order 11246 Executive Order 11246, as amended, prohibits discrimination in employment by contractors with the federal government on the basis of race, color, sex, religion, or national origin. The Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor is the federal agency responsible for investigating individual charges of discrimination under Executive Order 11246. Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., prohibits discrimination in employment on the basis of race, sex, national origin and religion. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by Title VII or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under Title VII. Individual with a Disability A person who has a physical or mental impairment that substantially limits one or more of that person’s major life activities, has a record of such impairment, or who is regarded as having such an impairment. Affirmative Action Positive action to accomplish the purpose of a program designed to increase the employment opportunities of certain groups. It may involve goals, timetables, or specifically outlined steps to be undertaken to assure that objectives are reached. Affirmative Action Proactive action to accomplish the purposes of a program which is designed to increase the employment opportunities of certain groups, which may involve goals, timetables, or specifically outlined steps to be undertaken to assure that objectives are reached. Americans with Disabilities Act (ADA) A comprehensive civil rights law which makes it unlawful to discriminate in private sector employment against a qualified individual with a disability. Omnibus Crime Control and Safe Streets Act of 1968 Recipients of federal funding for law enforcement under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. § 3789d, are prohibited by that statute from discriminating on the basis of race, color, religion, national origin, or sex in any program or activity receiving federal financial assistance.

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	Did You Know?
	Laws prohibit the termination of an employee in retaliation for filing a workers compensation claim The Workers’ Compensation statute in one state, NJSA 34:15-39.1 only prohibits the termination of an employee in retaliation for filing a workers compensation claim or for testifying at a workers’ compensation hearing. If you feel you were terminated for these reasons, one alternative is the filing of a discrimination complaint against your employer with the Division of Workers’ Compensation. Then contact our lawyers.